Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

Tax reassessment notice invalid due to improper sanction & income below Rs. 50L threshold.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Reopening of assessment beyond three years requires sanction from Principal Chief Commissioner of Income Tax, whereas the assessee obtained sanction from Principal Commissioner of Income Tax, rendering it invalid as per the Siemens Financial Services case. The alleged escaped income of Rs. 9,00,000/- is below Rs. 50,00,000/-, barring the notice u/s 148 due to limitation u/s 149(1)(b), as held in Ganesh Dass Khanna case, where the extended ten-year period applies only for serious tax evasion cases with concealment of income above Rs. 50 lakhs. Consequently, the impugned notice issued u/s 148 is without jurisdiction and set aside, making the resultant reassessment order null and void, decided in favor of the assessee.....